I-829 Petition: Removal of Conditions on Permanent Resident Status
Purpose of I-829 Form
The form I-829 is for the removal of the Conditional Permanent Resident Status, which has been obtained through the entrepreneurship as per the USCIS. The submission of the I-829 by Conditional Permanent Resident states that the investor has followed and fulfilled each condition in the EB-5 program. Further by filing the form, the immigrant applies to remove conditional lawful permanent Residence and to grant the Permanent Residence.
The filing of the form should be done by only the person who has received the Conditional Permanent Resident Status, for his/ her own, spouse and dependent children. In a case of the death of the Conditional Permanent Resident, who is the entrepreneur, the Spouse or dependent children can also apply for the removal of conditions.
Consequences of filing and Non filing
The filing of the form I-829 should be made before the 90 days of the date on which the Conditional Permanent Residence expires i.e. 90 days before the second anniversary of your conditional Residence.
On Filing of the I-829 petition, your Conditional Permanent Residence status will be extended for the six months. For this extension, you will receive a Filing Receipt, which needs to be carried with the Permanent Resident Card.
The Non Filing of the I-829 form will result into losing of the Conditional Permanent Residence. On the day of the second anniversary of Conditional Residence, all the benefits will be ceased for you and you can be deported from the states. However, in a case of the late filing, if it is based on good cause, you can file the form with the written explanations and request USCIS to process late filing.
The following should be evidence attached to the I-829 Form which conclude that the
- The investor has established the New Commercial Enterprise and invested the total amount required for the project.
Evidential Doc: – federal tax returns.
- The investor has sustained the investment in the New Commercial Enterprise during the course of 2 years.
Evidential Doc: – audited financial statements, bank statements, and other evidence that the new commercial evidence received the investor’s funds, invoices, receipts, bank statements, contracts, business licenses, federal tax returns, state tax returns, quarterly tax statements.
- The evidence stating that the investor has created and maintained the 10 full-time employments while the Conditional Residence.
Evidential Doc: – payroll records, relevant tax documents.
- Apart from the above, you may need to submit the Photocopy of permanent investor’s permanent resident card, photocopy of permanent resident cards of all EB-5 family members and other additional information when it’s asked.
- Further, whenever the applicant has any criminal history or pending cases or has been sentenced or charged by law, he should additionally furnish the additional documents like law enforcement statements, arrest records, sentencing records, probation or parole records, other court records relating to the criminal history.
- While submitting the I-829 form, the applicant should count the following things also,
- The filing fees in the form are $3,750 and also the additional biometric fees $ 85.
- The processing time will be approximately 6 months or more.
- The in office interview or additional information request may be made by the USCIS.
- After the completion of the procedure, the investor’s conditional status will be replaced by the lawful permanent lawful Residence.